(영문) 수원지방법원 2018.01.16 2017고단6417

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.01.16 2017고단6417

교통사고처리특례법위반(치상)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of a freezing tower B.

On August 11, 2017, the Defendant driven the above vehicle while under the influence of alcohol 0.130% during blood transfusions on August 11, 2017, while driving the vehicle, and driving the 4-lane road in front of Suwon-si C, Suwon-si along four-lanes.

In this case, the driver of the vehicle had a duty of care to prevent accidents by accurately operating the steering gear and steering gear of the driver of the vehicle.

Nevertheless, due to negligence while under the influence of alcohol, the Defendant was driven by the victim D(45) who was under the influence of a signal waiting at the front direction of the Defendant’s running direction at that time, and was driven by the Defendant’s front part of the rash car.

Ultimately, the Defendant by such occupational negligence inflicted injury on the victim D such as salt, tensions, etc. on the chills that require approximately two weeks of treatment on the part of the victim F (V, 43 years of age) who is the passenger of the rash car, suffered from the injury of chills, tensions, etc. in need of approximately two weeks of treatment on the part of the victim G (11 years of age) of the same passenger, and suffered from the victim H (6 years of age) of the same passenger, for approximately two weeks of treatment on the part of the same passenger, the injury of chills, tensions, etc. in need of approximately two weeks of treatment on the part of the same passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents under the relevant Act concerning the facts constituting an offense, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of alcohol;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code, respectively.

참조조문

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